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Offers of Work
A direct offer of work may be made to any individual by Job Service or by
an employer in accordance with the following Regulation:
S.C. Code, Regulation 47-23, Offers of Work
Section 41-35-120 (3) of the Act directs that a claimant may be
disqualified from the receipt of benefits should he fail without good cause to apply for
available suitable work when so directed by the employment office or the Commission; or
should he refuse to accept available work when offered him by the employment office or the
employer; or should he decline to return to his customary self-employment (if any) when so
directed, by the Commission.
If the Employment Service Office has a suitable job opening, it is offered to a qualified
applicant. When an applicant is referred to an employer, either a Permission to Refer
Letter or an Introduction Card/South Carolina Employment Security Commission (ES508I) is
prepared. The applicant is instructed to give the card or letter to the employer when he
reports for an interview. If the job is not then available, if the applicant fails to
report to work, or if the applicant informs the employer, by word or other manner, such
information that he does not want a job, the employer should relay such information to the
Employment Service representative who will follow up concerning the referral.
The Employment Service Office may make an offer of suitable work to an unemployment
insurance claimant at any time during a claim series. If the claimant refuses a job
referral or an offer of suitable work, such refusal may result in a disqualification or a
decision holding the claimant unavailable for work and, therefore, ineligible for
benefits.
A written offer of work made directly by an employer
shall set out the nature of the work offered, the probable wages and hours per week, the
shift or daily hours of the proposed employment, the expected duration of employment, the
time and place the claimant should report, and the name of the person to whom he is to
report. No disqualification will be imposed by reason of the failure of a claimant without
good cause to accept a direct offer of available and suitable work unless the employer
submits a copy of such an offer to the Commission together with a certification that it
was either received and refused by the claimant or that it was directed by registered mail
to the last known address of the claimant and that no response was made by the claimant;
provided, however, that no direct offer of work made in accordance with this section shall
be considered unless a notice of such offer of work is received by the Commission within
seven (7) days after such offer was made.
An oral offer of work may be made directly by an
employer but before a claimant shall be disqualified to receive benefits by
reason of his failure to accept, without good cause, available suitable work so offered, a
sworn statement shall be submitted by the employer to the Commission setting forth that
the offer of work was made directly to the claimant, the nature of the work offered, the
wages and hours per week, the shift or daily duration of the employment, the time and
place the claimant should have reported for duty, and any reason given by the claimant for
his refusal to accept the work; provided, however, that no direct offer of work made in
accordance with this section shall be considered unless a notice of such offer of work is
received by the Commission within seven (7) days after such offer was made.
Note that in the administration of Section "C" of the above
quoted regulation, employers are required to submit to the Commission a sworn statement
setting forth information required in that section. For guidance in preparing such a
statement, a sample affidavit that will furnish necessary information is included on the downloadable forms page.
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